A Third-Party Contact Restraining Order in Massachusetts is typically part of an Abuse Prevention Order (209A Order) or a Harassment Prevention Order (258E Order) which may require the individual who is the subject of the order to refrain from contacting the victim not only directly but also through third parties. This kind of order is aimed at preventing the individual from circumventing the order’s intent by using someone else to contact the protected party. In essence, it prohibits any form of contact with the protected individual, whether direct or indirect.
Understanding Third-Party Contact Restraining Orders
If you’re dealing with a restraining order situation, it’s important to understand exactly what it entails, especially when it comes to the no-contact clause. A restraining order is a legal order issued by a court to protect someone from abuse, harassment, or threats. It’s designed to keep the person who is causing you harm (referred to as the “restrained party”) away from you and to prevent any form of contact.
The No-Contact Clause
The no-contact clause in a restraining order means that the restrained party cannot contact you in any way. This includes phone calls, text messages, emails, social media, or any other direct communication. It’s about ensuring your peace and safety by keeping the restrained party at a distance.
No Third-Party Contact
Now, here’s a crucial detail: the no-contact clause also covers contact through third parties. This means the restrained party cannot use:
- friends,
- family members,
- colleagues, or
- anyone else
to communicate with you on their behalf. Essentially, they can’t send messages to you through another person.
Why Third-Party
Contact Matters
The reason this clause is so important is that it closes any loopholes the restrained party might try to exploit. Without this provision, the restrained party could still find ways to harass or manipulate you indirectly. The third-party contact clause ensures the restraining order’s protection is comprehensive, keeping you safe from any form of contact.
What to Do If Third-Party Contact Occurs
If you do experience contact from a third party that you believe is on behalf of the restrained party, it’s essential to document everything. Note down who contacted you, what was said, and when it happened. Then, report this to the police immediately. Violations of a restraining order are taken very seriously by the court and can result in significant legal consequences for the restrained party.
Navigating Restraining
Order Violations
When you’re facing the distress of a restraining order, it’s crucial to understand not just the order itself, but also what constitutes a violation. Violations can include anything from text messages and phone calls to more indirect forms of contact. In Massachusetts, violation of a restraining order is a criminal offense, carrying the weight of potential criminal charges. It’s a serious matter that requires careful attention to the terms of the order.
The Scope of Abuse Prevention Orders in Massachusetts
In the Commonwealth, Abuse Prevention Orders serve to protect victims of domestic violence from further harm. This protection extends to preventing unwanted sexual relations and physical violence from a household member or family member. An Abuse Prevention Order can also prohibit your abuser from contacting you in any way, including through a third party.
Legal Process and
Court Proceedings
Filing for Protection
Securing a protective order is a legal process that unfolds in civil court. It begins with you filing an application for protection. In it, you’ll describe the abusive behavior. You want to be as detailed as possible. Include every instance of abuse. Include dates, times and how it made you feel.
Ex-Parte Hearing
You’ll have a hearing the same day you file your paperwork. It’s called an ex-parte hearing because there is only one party, you in this case, that will talk to the judge. If they are convinced that you need protection, they’ll issue a Temporary Order that is good for 10 business days.
2-Party Hearing
If you want to extend your Order, you need to go back to court on the 10th day. This time your abuser may be present and can address the court as well. Make sure you bring all the evidence and any witnesses you have. You want to give the judge a full picture of what’s going on and why you need the Order.
Specifics of Protection Orders
Harassment Prevention Order Versus Abuse Prevention Order
In Massachusetts, a Harassment Prevention Order is not limited to family members, unlike an Abuse Prevention Order. It is crucial to understand the differences between the two, as each type of order serves different forms of protection under Massachusetts law. Both Orders provide similar protections for you, including no third-party contact.
The Importance of Following Restraining Order Terms
Adhering strictly to the terms of the order, whether it’s an Abuse Prevention Order or a Harassment Prevention Order, is essential. Violation of the order, even inadvertently through a third-party contact, can lead to serious legal consequences, including a possible criminal record.
Help Getting a Restraining Order in Massachusetts
If you’d like help getting a Restraining Order without paying an expensive attorney, we can help. With our Legal Coaching we can walk you through every step to make sure you’re ready for your hearing. The first thing to do is see if you qualify for a Massachusetts Restraining Order. Click on the link below to see if you qualify for either type of Restraining Order.
Conclusion
Restraining orders are put in place to protect you, and understanding the no-contact clause, including the prohibition of third-party contact, is key to ensuring your safety. If you have any questions or need assistance navigating this process, don’t hesitate to reach out. Legal professionals are here to help guide you through these challenging times, ensuring you have the support and protection you need.
Legal Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. Please consult with an attorney to discuss your specific circumstances and receive tailored guidance.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.
